This paper examines the Aristotelian roots of the mechanics of naval architecture, beginning with Mechanical Problems, through its various interpretations by Renaissance mathematicians including Vettor Fausto and Galileo at the Venice Arsenal, and culminating in the first synthetic works of naval architecture by the French navy professor Paul Hoste at the end of the seventeenth century.

As early as 1784, sharp-eyed engineers and scientists noted striking similarities between the dynamics of seagoing vessels and aerial vehicles. By the early twentieth century, naval engineers and scientists were developing and designing airplanes and dirigibles using empirical principles derived from naval architecture. Several key researchers in aerodynamics began their career as naval architects (David A. Taylor, William F. Durand and Jerome C. Hunsaker) and carried out their experiments in ship testing facilities. By the 1930s, however, the transfer of (...) knowledge was irrevocably reversed as empiricism gave way to more fundamental, physics-based research. The rapid evolution of complex aircraft systems and flight envelopes led to new theoretical developments in aerodynamics and maneuvering, which quickly found their way into naval ship design. The theoretical and experimental results for airfoils, rigid airships and fixed-wing aircraft developed by Ludwig Prandtl, Theodore von Kármán, Max M. Munk and Hilda M. Lyon were employed in the hydrodynamic development of surface ships and submarines. This paper examines how the ideas, concepts and data from one discipline influenced the other and explores the processes by which that knowledge was transferred between disciplines. (shrink)

This chapter contrasts jus in bello necessity with necessity as the concept is used in human rights thinking. The task here is to explain what is distinctive about jus in bello necessity and to explain why conceptions of necessity that reign in other areas of international law cannot be automatically grafted onto the laws of war without reflection and deliberation. Indeed, any attempt to transplant a more restrictive version of necessity will result in a substantial alteration of the legal architecture (...) of jus in bello. Although this is not necessarily a bad thing, it can only be accomplished if one offers a separate normative defense for that alteration. It cannot be presumed. (shrink)

This paper explores the status of language and suffering in recovery from psychosis from a transcendentally-informed phenomenological perspective. We suggest that each of these concepts can apply both to the illness itself and to the person with the illness. The relationship between the two will be one focus of this discussion. The other focus will be on the various ways in which phenomenological approaches to psychopathology have understood the nature of this relationship; a relationship characterized by different meanings of the (...) term "immanence." Drawing inspiration from a Borges poem and from Husserl's debate with Heidegger over the content of his "Phenomenology" article for the Encyclopedia Britannica, we argue that it is misleading, as well as unhelpful, to continue to focus on deficits and dysfunction while ignoring the person's hopes, strengths, assets, and agency. As long as there remains no cure for psychosis, we conclude that it is more effective to promote recovery among people with psychosis than to remain focused on reducing, minimizing, or eliminating their disorder. (shrink)

This paper explores the role of friendship in the lives of people with psychiatric disabilities through the use of narrative. We suggest that the use of phenomenologically based investigation in experimental or other traditional research designs provides a more in-depth and complex view of the lives of people with serious mental illness. We offer the example of the Partnership Project, which provides people with psychiatric disabilities a consumer or non-consumer "partner" with whom to enjoy community activities and spend a weekly (...) stipend. Through the lens of narrative, we examine the ways that friendship differs between people matched with either a consumer or non-consumer partner and delve into the importance of connection and friendship in the lives of people with psychiatric disabilities. (shrink)

Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an (...) otherwise divided world. (shrink)

The first section examines how jus in bello necessity was understood in the work of the sixteenth and seventeenth century philosophers. In the second section we show how a revised understanding of necessity fits into the kind of considerations that are involved in the principle of humanitarian treatment. Based on that analysis, the chapter concludes that the principle of necessity creates a very small class of cases that may be treated in an exceptional way. In the third section we discuss (...) the problem that occurs when considerations of jus in bello necessity seem to involve the irrelevant factor of luck. The fourth section relates necessity to the philosophical concept of practical necessity. The final section spells out how the principles of necessity and proportionality relate to each other: proportionality puts a restraint on the principle of necessity, so the two must be understood in tandem. (shrink)

In the context of technology development and systems engineering, knowledge is typically treated as a complex information structure. In this view, knowledge can be stored in highly sophisticated data systems and processed by explicitly intelligent, software-based technologies. This paper argues that the current emphasis upon knowledge as information (or even data) is based upon a form of rationalism which is inappropriate for any comprehensive treatment of knowledge in the context of human-centred systems thinking. A human-centred perspective requires us to treat (...) knowledge in human terms. The paper sets out the particular importance of tacit knowledge in this regard. It sets out two case studies which reveal the critical importance of a careful treatment of tacit knowledge for success in two complex, technology-driven projects. (shrink)

In the UK and USA ‘Hate crime’ has become a topic of public controversy and social mobilization around issues of violence and harassment. This has largely but not exclusively addressed racism, homophobia and gender based violence. This article has three objectives. First, to situate hate crime legislation within a broad theory of modernity;secondly to examine the politics of its emergence as a public issue; thirdly to use data from the authors' recent research in Greater Manchester to illuminate the complexity of (...) the concept of ‘hate crime’. The centrality of ‘hate crime’ to current debates derives from the importance of rights-based regulation of complex societies and the juridical management of emotional life. Hatred and violence have become problematic behaviour thrown into relief by a long term civilizing process. Hate crimes have thus acquired powerful rhetorical focus for mobilization of victim and identity politics. With reference to racist violence in Oldham and elsewhere in Greater Manchester, we argue that in its application and construction, however, ‘hate crime’ is a complex phenomenon that might dramatize rather than regulate the problems it seeks to address. (shrink)

We will argue here that after more than 30 years of talk, theory, and clinical practice, we bioethicists still know far too little about what patients, subjects, and healthcare professionals are up to, morally. Bioethics is still near the beginning in grasping what it means to understand, much less to honor fully, the moral power and perspicacity of those bioethics is designed to serve. This is, of course, a serious charge, but one we will endeavor to show has merit. However, (...) we want to be clear from the start that we do not gainsay the important work that has been done in and through the influence of bioethics, both as a field of practical engagement and as a cultural movement, in improving how healthcare is delivered and how human subjects are treated. Thirty or 40 years—depending on how one marks the beginning point—is a very short time, and it is hard to imagine that wholesale changes, all of them in the right direction, could be the outcome for a field this young. Hence, we do not intend the title, “One Cheer for Bioethics,” as a wholesale indictment, but as an indication that there is a great deal of work yet to be done, and that following the currently dominant direction of the field is not likely to get us there. Our aim is to indicate just where future work should be focused, and to do so we will need to be critical of some of the preoccupations of the last three decades. a. (shrink)

The multiple emergencies of global heating require bioethicists to embrace the dormant, comprehensive bioethics legacy of Van Rensselaer Potter, moving beyond the current narrower focus of the field on medicine and health care. We recommend readings that expand the core literature of bioethics to address key environmental issues. These are Jessica Pierce and Andrew Jameton's The Ethics of Environmentally Responsible Health Care; Dale Jamieson's Reason in a Dark Time; and David Wallace‐Well's The Uninhabitable Earth. Because efforts to mitigate climate (...) disasters are likely to be only partially successful, we also recommend the teachings of late Roman Stoicism and core texts of Buddhism, which provide ethical wisdom likely to be needed in the multiple crises of the Anthropocene. (shrink)

This chapter asks whether necessity permits attacking forces to kill rather than disable first. Section I begins by considering the specific prohibitions of the laws of war, and concludes these specific prohibitions do not add up to a more general duty to refrain from using lethal force against enemy combatants. Section II then looks at the legal prohibition regarding killing soldiers who are hors de combat, and concludes that it provides no support for a general requirement to use non-lethal force (...) first in all situations. Section III then examines the travaux preparatoires for the Additional Protocols to the Geneva Conventions and concludes that the least-harmful-means test, though by all means a subject of discussion at the Geneva conferences, was not codified into the Additional Protocols. Finally, Section IV considers the question from the perspective of normative theory and asks whether principles of moral philosophy require a change in the law. (shrink)

This chapter extends the analysis of the previous chapter but shifts from philosophical inquiry to legal analysis. The goal is to determine how much of our philosophical understanding of necessity maps onto the current legal landscape, and whether this book’s philosophical position suggests that legal doctrines should be revised or maintained without alteration. To the extent that necessity remains a salient category in today’s scholarly debates about military action, the question is how it should be applied to factual scenarios that (...) could not have been imagined by the natural law theorists or even Francis Lieber. This chapter starts by analyzing the definition of jus in bello necessity offered by the International Committee of the Red Cross and explains how contemporary explanations of necessity owe much to Lieber and his historical antecedents. It then provides a normative defense of Lieber’s version of jus in bello necessity. (shrink)

This chapter examines the dividing line between combatants and civilians during contemporary asymmetric conflicts against nonstate actors, the preeminent type of military conflict in this age of global terrorism. Although the dividing line between combatant and civilian is well explored in both the legal and philosophical literatures, this chapter examines the subject explicitly through the lens of necessity. In particular it conentrates on the difficulty of sorting out civilians from combatants when an individual may cross the line at will, and (...) may be involved in exercises such as serving as a human shield. The chapter concludes that the fundamental element of status, which is the foundation for status-based targeting and status-based detention, is starting to break down in contemporary asymmetric conflicts. (shrink)

lawpubPublic International LawlawphiPhilosophy of LawIn this book we have tried to offer more than just a descriptive survey of the various ways that the concept of necessity is used in international law. We have offered a normative account that suggests how and when necessity should be deployed as a powerful concept to justify and excuse State action in various domains. However, that normative task could only be accomplished once a coherent descriptive mapping was performed. We considered the different and unique (...) elements of necessity in international law with the hope of elucidating a deeper structure for the concept. We identified at least three different senses of necessity: as a state of exception to generally applicable laws, as a constraint on government action, and as a license to engage in conduct that is otherwise consistent with generally applicable laws. Using these conceptual distinctions, we analyzed and ultimately criticized how necessity functions in diverse areas of international law. Although the same term is used in... (shrink)

Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics (...) of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs. (shrink)

This article shares reflections from members of the community of philosophers of education in the United States and Canada who were invited to express their insights in response to the theme ‘Snaps...

This chapter addresses force protection and the degree to which necessity permits attacking forces to prioritize the lives of their own soldiers over the lives of enemy civilians. This is a difficult problem of application; although everyone agrees that the lives of enemy civilians must be safeguarded, the question is how much must be risked in order to safeguard them. The chapter discusses the case of the Israeli Defense Forces, in which great emphasis is placed on preventing the abduction of (...) Israeli troops and on facilitating their rescue, even at the cost of other lives. This chapter concludes by articulating a standard of reasonable force protection that is neither too restrictive nor too permissive. (shrink)

lawpubPublic International LawlawphiPhilosophy of LawNecessity is quite possibly the most powerful concept in the law. It has the almost mystical power to transform what would otherwise be illegal or immoral into a justified or excused act, all because the action was “necessary.” Herein lays its utter dangerousness. Whether the inquiry is individual self-defense in domestic criminal law, national self-defense under international law, or killing during armed conflict, the concept of necessity is often the key element that drives the outcome of (...) the analysis. If the action is necessary, then it is often permitted; if the action is not necessary, it is often forbidden. But what does “necessary” really mean in these debates? And does it mean the same thing in each context, or does its meaning and function depend on the nature of the inquiry at hand? Is necessity a universal moral and legal concept, or is its meaning fundamentally context-dependent?... (shrink)

This chapter examines how the concept of necessity is used in Just War theory as a principle of last resort—a criterion that must be satisfied before the recourse to force can be justified. It reassesses the doctrine of anticipatory self-defense, and the larger question of the justifiability of preemptive and preventive war, from the Just War perspective. The second and third sections rehearse an important debate between Alberico Gentili and Hugo Grotius. It then looks at “first strikes” and then at (...) “last resorts” to see what, if anything, is to be said for these as markers of aggressive or defensive war. These sections address directly the justifiability of preemptive war with reference to the principle of necessity in jus ad bellum debates in Just War theory. (shrink)

This chapter evaluates how necessity works as a central element of jus ad bellum legal arguments. In particular, it notes that the concept of necessity works differently depending on whether it is asserted as an independent excuse in international relations or whether it is one component of a self-defense analysis. In the former case it is invoked as an exception to general rules of conduct, whereas in the latter case necessity functions as a constraint on the application of a general (...) justification. Although both examples share structural similarities, the former is more dangerous, and for that reason international lawyers have generally placed external constraints on the application of the necessity doctrine. (shrink)

This chapter examines the use of necessity as an excuse in criminal law and notes that in this context necessity functions as a general exception to preestablished rules; in this area necessity is potentially at its most dangerous. It examines the various constraints—both ad hoc and principled —that international criminal law deploys to restrict the application of the necessity defense so as to mitigate its over-permissiveness. It considers the most aggressive containment strategy—a wider prohibition on the necessity defense for principled (...) reasons. The chapter concludes that the principled constraints have several normative advantages over the ad hoc constraints. (shrink)

This chapter discusses how jus in bello necessity can and should be balanced against the principle of humanity. In many ways, the principle of humanity covers much of the same ground as human rights principles, except in this case the principle is already internal to jus in bello. So this chapter explains how some human rights principles—under the guise of the principle of humanity—have a proper role to play in checking the inherent permissiveness of jus in bello necessity. To accomplish (...) this task, the chapter examines how the principle of humanity and necessity work in both legal and philosophical arguments about just conduct during warfare. (shrink)

This chapter asks a similar set of questions regarding necessity and the duty to capture, that is, whether necessity requires an attacking force to attempt capture prior to initiating a lethal strike. There is no such duty codified in existing legal obligations, at least not where jus in bello is concerned. However, restrictions on the use of overwhelming force might be found in a reinvigorated jus ad bellum obligation on the part of attacking forces to cease an attack when the (...) necessity giving rise to the armed conflict has evaporated because the enemy nation has been so decimated that they are incapable of constituting a national threat anymore. Finally, this chapter also asks whether it would be morally advisable to amend the codified rules of jus in bello to require non-lethal attacks in limited and carefully circumscribed contexts. (shrink)

In this chapter, we treat Larry David’s television series, Curb Your Enthusiasm as, in large measure, a philosophical exercise. We argue that it presents a critique of our norms, practices, and conventions of social behavior, notably those that pertain primarily to civility rather than to morality. This critique identifies certain essential features of such behavior including: the typical unspoken-ness of its governing norms, and their non-necessity, despite appearances to the contrary, due to our intense emotional investment in them. In (...) Curb Your Enthusiasm, the ostensible justification that “This is just how we do things” comes in for merciless, satirical interrogation, most often by Larry David but sometimes by others, at Larry David’s expense. This chapter relies heavily on Mary Douglas’s discussion of jokes, but parts company with it in crucial respects. The chapter will also situate Larry David’s brand of humor in the context of the philosophy of comic amusement in terms of the notion of incongruity. Special emphasis will be played on the importance Larry David assigns to emotions in the maintenance of the relevant social norms. (shrink)

DNA microarrays are perfectly suited for comparing gene expression in different populations of cells. An important application of microarray techniques is identifying genes which are activated by a particular drug of interest. This process will allow biologists to identify therapies targeted to particular diseases, and, eventually, to gain more knowledge about the biological processes in organisms. Such an application is described in this paper. It is focused on diabetes and obesity, which is a genetically heterogeneous disease, meaning that multiple defective (...) genes are responsible for the diseases. The paper is divided in three parts, each dealing with a different problem addressed to our study. First we validate the data from our microarray experiment. We identified significant systematic sources of variability which are potentially issues for other microarray datasets. Second, we applied multiple hypothesis testing to identify differentially expressed genes. We found a set of genes which appear to change in expression level over time in response to a drug treatment. Third, we tried to address the problem of identification of co-expressed genes using cluster analysis. This last problem is still under discussion. (shrink)

From Locke to Kierkegaard to those annoying car ads that promise “No Boundaries”— Is our use of the word 'freedom' still coherent? Was it ever coherent? Is it significant that this fuzzy term is so often used to carry so much rhetorical force? With Larry Hatab , David Walsh , and Mark Murphy.

Weighing Lives in War examines the core principles of the modern law of war: necessity, proportionality, and distinction, and provides new and innovative insights into the process of weighing lives implicit in all theories of jus in bello.

David Hilbert’s early foundational views, especially those corresponding to the 1890s, are analysed here. I consider strong evidence for the fact that Hilbert was a logicist at that time, following upon Dedekind’s footsteps in his understanding of pure mathematics. This insight makes it possible to throw new light on the evolution of Hilbert’s foundational ideas, including his early contributions to the foundations of geometry and the real number system. The context of Dedekind-style logicism makes it possible to offer a (...) new analysis of the emergence of Hilbert’s famous ideas on mathematical existence, now seen as a revision of basic principles of the “naive logic” of sets. At the same time, careful scrutiny of his published and unpublished work around the turn of the century uncovers deep differences between his ideas about consistency proofs before and after 1904. Along the way, we cover topics such as the role of sets and of the dichotomic conception of set theory in Hilbert’s early axiomatics, and offer detailed analyses of Hilbert’s paradox and of his completeness axiom (Vollständigkeitsaxiom). (shrink)

Do axiomatic derivations advance positive economics? If economists are interested in predicting how people behave, without a pretense to change individual decision making, how can they benefit from representation theorems, which are no more than equivalence results? We address these questions. We propose several ways in which representation results can be useful and discuss their implications for axiomatic decision theory.

Personal observations and survey data are used to examine the future of the village in a restructured food and agricultural sector in the former Soviet Union. Specific comparisons are made between the subjective quality of life of residents in two villages in the former Soviet Union (one in southern Russia and one in eastern Ukraine) and two villages in northwest Missouri. Residents of the Russian and Ukrainian villages have substantially lower assessments of specific domains of their lives than do American (...) villagers. Respondents in the Russian and Ukrainian sample express an interest in some aspects of privatization of services and consumer goods but, by and large, exhibit little interest in replacing the collective farms with household-level private farming. Historical factors, different incentive structures, and the possibilities for different institutional arrangements are discussed. (shrink)

Each contributor to this book has used personal experience as the basis from which to frame his individual sociological perspectives. Because they have personalized their work, their accounts are real, and recognizable as having come from 'real' persons, about 'real' experiences. There are no objectively-distanced disembodied third person entities in these accounts. These writers are actual people whose stories will make you laugh, cry, think, and want to know more.

The interpretation of economic theories varies along several dimensions. First, models can describe reality, illustrate a recommended state of affairs, or analyze the structure and implications of a theory. Second, theories can be used for prediction or for explanation. Third, theories can relate to reality in a rule-based or case-based manner. Fourth, theories can be statements about economic reality or about the act of economic reasoning itself. Fifth, theories can offer predictions or merely critique reasoning. We argue that theories are (...) often open to multiple interpretations which can shift depending on the context in which the theory is applied, the surrounding economic literature, and the argument made by the interpreter. (shrink)

There has been a resurgence of Darwinian naturalism in political theory, as manifested in the recent work of political scientists such as Roger D. Masters, Robert J. McShea, and James Q. Wilson. They belong to an intellectual tradition that includes not only Charles Darwin but also Aristotle and David Hume. Although most political scientists believe Darwinian social theory has been refuted, their objections rest on three false dichotomies: facts versus values, nature versus freedom, and nature versus nurture. Rejecting these (...) dichotomies would allow the social sciences to be linked to the natural sciences through Darwinian biology. (shrink)